Probation Violation Attorney in Orlando, FL
Advocating for Clients Across Orange and Seminole Counties
Probation is a common alternative to incarceration that many non-violent felony offenders can access at the court’s discretion. A judge may sentence a defendant to probation instead of jail or prison, which is why it is considered a privilege and not a right.
While probation is a highly sought-after sentencing alternative, it comes with several rules and conditions that must be followed. Probationers are responsible for complying with the terms of their probation or they may suffer unfavorable results, including going to prison. However, since many people are unfamiliar with the probation process, they are likely to make minor mistakes that can cost them their entire probationary sentence. Missing appointments, failing to report to probation officers and drinking alcohol are enough to convince a judge that incarceration is needed.
Don’t let your mistakes send you to jail. Instead, retain an Orlando probation violation attorney at The Law Office of Carrie L. Rentz, P.A. to defend your case. A skilled former prosecutor, Attorney Carrie Rentz can negotiate for the best possible outcome on your behalf.
Contact (407) 995-6735 to learn more!
What Is Probation?
Probation means a form of community supervision requiring specified communication with probation officers and other terms and conditions. Probationers cannot break the law or test positive for controlled substances and must comply with other rules of their probation or else they may get re-sentenced and risk going to jail.
Depending on the defendant’s offense and criminal history, a judge may impose the following types of probation:
Administrative probation: A form of no contact, non-reporting supervision. A court may order administrative probation, or the Department of Corrections may transfer an offender to administrative probation.
Drug offender probation: A form of intensive supervision that emphasizes the treatment of drug offenders following individualized treatment plans.
Mental health probation: A form of specialized supervision that emphasizes mental health treatment and working with treatment providers to focus on underlying mental health disorders and compliance with a prescribed psychotropic medication regimen under individualized treatment plans.
Legal Punishments for Violating Probation in Florida
If you committed a technical violation, which includes the following examples, then you did not break the law.
- A positive drug or alcohol test result.
- Failure to report to the probation office.
- Failure to report a change in address or other required information.
- Failure to attend a required class, treatment or counseling session, or meeting.
- Failure to submit to a drug or alcohol test.
- A violation of curfew.
- Leaving the county without permission.
- Failure to report a change in employment.
- Associating with a person engaged in criminal activity.
A substantive violation, on the other hand, means you did break the law during your probationary sentence. Committing a crime during your probation may carry harsher penalties as a result.
When determining guilt, the prosecution must prove that more likely than not, you substantially and willfully violated your probation. Unlike criminal cases where prosecutors must find a defendant guilty “beyond a reasonable doubt,” probation violation hearings require a lower standard of proof called the “preponderance of evidence” standard. This essentially means the government must find that you more likely than not violated your probation (as mentioned above).
Your first appearance hearing for violating your probation should not be treated lightly, as the court has the power to either:
- Order you to be taken before the court that granted your probation, only if you admit the violation
- Release you with or without bail to await a further hearing regarding pretrial detention and release if you do not admit the violation
In addition, a judge who finds you guilty of violating your probation may revoke it and impose the maximum sentence for your convicted crime that you originally got probation for, or they may reinstate or modify your probation.
I Was Accused of Violating My Probation in Orlando. What Now?
It is important to take your probation violation accusations seriously, as they could be sufficient grounds to put you behind bars. As such, you must fight this possibility at all costs by equipping yourself with well-rounded, insightful legal counsel at The Law Office of Carrie L. Rentz, P.A. We have helped countless clients throughout Orange County, Orlando and Seminole County, get a second chance by maintaining their probationary sentence.
To learn how we can defend your probation violation case, contact us at (407) 995-6735 to discuss your situation with our Orlando probation violation lawyer.